converting from 13 to 7 questions

[chloe0724]

My attorney is reccomending that I convert to a 7 due to my pending divorce. He is telling me that we use all the information from the date I filed for mt 13 and amend any of the means test information to reflect my new one household income status. He is saying that I won't have to provide any current bank statements or paystubs because the rules say it is from the filing date (which was in 2008). Does this sound right?

[despritfreya]

Assuming you "qualify" for a chapter 7. . .

Your attorney is correct. Upon conversion, your filing date will remain the same, however, a Chapter 7 Trustee is not entitled to any assets that were acquired (with a few exceptions) after your filing date if you convert from a Chapter 13. In addition you may add any debt incurred between the filing date and the conversion date and such added debt will be subject to the Chapter 7 discharge. See 11 USC 348 - Effect of Conversion.

Des.

[catleg]

Just curious, Des, what would those exceptions be? I'm thinking you mean an inheritance, correct? Or is it something else?

[chloe0724]

thanks Des. I do qualify for a 7 now that I am only a one person household..

[despritfreya]

Just curious, Des, what would those exceptions be? I'm thinking you mean an inheritance, correct? Or is it something else?

If the conversion is determined to be in "bad faith" then the 7 Trustee also gets all property acquired between the filing date and the conversion date. You are correct as it relates to the inheritance within 180 days of the filing (not conversion) date.

Des.